Military Divorces on the Rise
Our nation’s tumultuous economy and the high-tempo deployment environment are both likely factors influencing the growing divorce rate among military couples in the last ten years. More military marriages ended in divorce in 2011 than civilian marriages. Longer and more frequent deployments put an enormous strain on families, and the added stress in the marital relationship is often more than either spouse can handle.
California is home to a large part of the U.S. military, with twenty-one major military installations, and over two hundred thousand total military personnel assigned to locations within our state, so many military divorces take place here.
Both spouses should be aware that divorced military spouses may be entitled to a portion of the member’s retirement pay, Commissary and Base Exchange privileges, Survivor Benefit Plan, and even healthcare coverage. If you are on either side of the equation – military member or non-member – be sure your rights and future benefits are protected. Contact us to discuss your situation and let us help you fight for the best outcome possible.
At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a spouse facing divorce, call us today to learn more about how we can help. Call(415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Collecting Unpaid Child Support
Let’s face it. Life doesn’t always go as planned. Your dreams of wedded bliss may have gone up in smoke when Prince Charming or Cinderella rode off into the sunset with someone else or decided family life was not all it was cracked up to be. You may be left raising the children on a very tight budget, especially if the other parent is not paying his or her court-ordered child support payments.
As adults, we have to accept the consequences of our decisions, good or bad. But it certainly isn’t fair to make the children suffer, too. A parent’s refusal to consistently help support his or her children is not taken lightly by courts, but nothing will change if you don’t take a stand and bring the matter to a court’s attention.
In California, you have options for pursuing the payment of court-ordered child support. The state offers services to California families through the California Department of Child Services. Another option is to use a private attorney who is experienced in family law and child support cases.
An experienced family law attorney knows the tactics used by parents who refuse to pay child support, including changing jobs frequently, moving from state to state, working for cash and childish defiance of the court order. At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in collecting back child support.
Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a spouse facing divorce, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Marital Debt in Divorce
If your marriage is on the rocks and a divorce trial is looming, you may not be in a bargaining mood, especially if the subject is who will end up paying off the marital debts. It is important to understand how California treats debt incurred during the marriage and which factors a divorce court will consider in deciding who gets which debts.
California is a community property state, which generally means debts incurred by either spouse during the marriage belong equally to both spouses. Thus, it may not matter which spouse signed up for a credit card or bank loan. Both spouses may be liable for the balance owed.
Absent an agreement otherwise, the divorce court will decide how to divide the debts between the spouses. While the division of debts should be equitable under the law, it is important to remember that equitable does not always mean equal. Courts may assign a larger portion of the marital debt to one spouse based on a comparison of their circumstances, including earning potential and anticipated post-divorce net worth.
If spouses reach an agreement regarding the division of debt, the agreement must be reduced to writing and incorporated into your final judgment of divorce. Do so will make payment of debts by respective spouses enforceable by the other as a “family law money judgment.”
Going through a divorce is difficult enough without being forced to start over with an unfair portion of marital debt strapped to your back. Let us review your case and help you fight for an outcome that will give you the best chance for a brighter future.
At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings, including a fair apportionment of marital assets and debt. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a spouse facing divorce, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Grandparent visitation
A photo popped up on my Facebook feed recently with a caption that said, “Grandchildren are your reward for not killing your children.” While some parents may be clinging to this hope during their kids’ teenage years, others are wondering when they will see their grandchildren after a son or daughter’s divorce.
Fortunately, California law allows grandparents the right to petition the court for visitation. The general standard for a court to order grandparents’ visitation requires grandparents to show the following evidence:
The grandparents must show that there was a pre-divorce relationship between the grandparents and a grandchild that has “engendered a bond.” This means that there is such a bond between grandparent and grandchild that continued grandparent visitation is in best interest of the grandchild, and
The grandparents must show that it is in the best interest of the child to have visitation with the grandparents, and that such best interest can be balanced with the parents’ rights to make decisions about their child.
If you are a grandparent grieving your child’s divorce and the loss of regular visitation with your grandchild, contact an experienced California family law attorney as soon as possible. The risk is that if you wait too long, a court may find that any bond which existed before the divorce deteriorated while you rested on your rights. Contact us today without delay.
The Law Offices of Judy L. Burger can assist you in fighting for your rights as grandparents. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a grandparent with a visitation issue, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Divorce in California
No-fault divorce is a catch-phrase that refers to the fact that a spouse seeking a divorce does not have to show fault of the other spouse to get a divorce. California was the first state to adopt no-fault divorce laws and the other forty-nine states have since passed similar laws. Though time periods and other prerequisites vary from state to state, a spouse can generally get divorced by simply alleging irreconcilable differences, incompatibility, or an irretrievable breakdown of the marriage.
Even though a spouse is not required to show fault of the other spouse to get a simple divorce, it may be in a spouse’s best interest to allege and prove fault to get a better outcome related to child custody, alimony, and division of property. Your attorney should be prepared to strategically use the other spouse’s fault to achieve the best possible outcome for you.
Some common grounds of fault include abandonment, adultery, drug or alcohol abuse, anger management issues, criminal conduct, and failure to care for or provide for children. Many other grounds for a finding of fault exist, so you should discuss your marriage openly with your attorney in the beginning stages of your divorce proceedings and thereafter.
At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings, whether you need to demonstrate the other spouse’s faults, or defend such claims. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a spouse facing divorce, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
Substance Abuse and Divorce in California
California courts hold the parent-child relationship sacred, as it should be. Translated to divorce terms, this means courts will generally award joint legal and physical custody to both parents in divorce and custody proceedings, with few exceptions.
One exception to the general rule favoring joint legal and physical custody is when one parent has ongoing substance abuse problems. Habitual or continual use of controlled substances or alcohol by either parent can have devastating consequences on the children.
Of course, as with any allegation of fault, the party making the claim must provide proof or risk having a claim backfire and weaken the party’s own case. If you reasonably believe your spouse has a substance abuse problem, bring the issue to your attorney’s attention immediately and discuss whether or not you should request court-ordered drug testing.
In California, section 3041.5 of the Family Law Code provides that courts may order drug and alcohol testing via urine tests in divorce cases:
In any custody or visitation proceeding brought under this part, as described in Section 3021, or any guardianship proceeding brought under the Probate Code, the court may order any person who is seeking custody of, or visitation with, a child who is the subject of the proceeding to undergo testing for the illegal use of controlled substances and the use of alcohol if there is a judicial determination based upon a preponderance of evidence that there is the habitual, frequent, or continual illegal use of controlled substances or the habitual or continual abuse of alcohol by the parent, legal custodian, person seeking guardianship, or person seeking visitation in a guardianship. ….
One vitally important note to remember is that a court will most often order drug testing of both spouses, not just one, so if you suspect your test results may indicate the presence of a controlled substance, you need to tell your attorney before drug testing is requested. Also keep in mind that test results are confidential and a spouse can be held liable for violating that confidentiality.
Another important point is that California law does not permit hair follicle testing to be ordered by a court. A party may be able to successfully object to hair follicle testing if it was ordered.
If you are successful in proving an ongoing substance abuse problem, you may be awarded full legal and physical custody, along with continued substance abuse testing of the other parent, and even supervised visitation in some cases.
Because each case is fact-specific, you should consult with an experienced family law attorney before requesting or submitting to drug and alcohol testing if at all possible. The Law Offices of Judy L. Burger can assist you in fighting for your rights and those of your children in a divorce or custody case in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a parent with a visitation or custody issue, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
Adultery and Divorce in California
California led the way in no-fault divorce laws, where a spouse can get a divorce without showing any fault of the other spouse. Nonetheless, showing fault may help one spouse win custody of the children, greater alimony, and a greater share of the marital property. This is why you need to discuss any potential areas of fault with your attorney, whether you wish to raise the issue or defend against it.
One traditional area of fault that could affect the outcome of a divorce case is adultery. The degree of importance placed on adultery varies from state to state, judge to judge, and from case to case. Some states tend to hold a more traditional view of marriage and give greater weight to adultery, while others place less importance on fidelity within the marriage.
In California, adultery does not necessarily amount to a game-changer unless the adulterous relationship irreparably affected certain aspects of the marriage. For instance, if a wandering husband used marital assets to support his mistress, then the wife may be able to win a greater share of the marital property. Likewise, if the husband openly cavorted with his mistress in front of the children, that fact may weigh substantially on the court’s award of custody and visitation to the wife.
Perhaps the most delicate subject in a case where adultery has occurred is a claim that an unfaithful spouse brought a sexually transmitted disease into the marriage. Such a claim can give the victim spouse a substantial advantage, but proving the issue in court may be more than the victim bargained for.
If adultery is likely to be a factor in your divorce case, seek the help of an experienced divorce lawyer as early as possible. A good attorney will help you build the foundation and strategy you need to raise or defend an adultery claim at trial, and achieve the best possible outcome for you.
The Law Offices of Judy L. Burger can assist you in proving or defending an adultery claim in your divorce proceedings in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a spouse facing divorce, call us today to learn more about how we can help you. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
Abandonment in Divorce Proceedings
In divorce proceedings, abandonment refers to when one spouse leaves the other without the intention of returning. Prior to the enactment of “no-fault” divorce laws, spouses could allege abandonment as a ground for seeking a divorce. Although proving fault is no longer required to get a divorce in California, abandonment may be factored in by a judge when awarding child custody, alimony, and deciding how marital property will be divided.
If your spouse abandoned you or the children, you should be prepared to present evidence of the fact of the abandonment and the effects it had on you and the children. You may have suffered financially and emotionally. Depending on their ages, the children’s anguish may have manifested in changes in behavior and performance at home or school. Any evidence of the negative impact of abandonment should be discussed with your attorney and prepared for presentation at trial, if necessary.
When you allege abandonment, your spouse may raise a defense of consent or justification. A deserting spouse can mitigate or eliminate any finding of fault on his part if he can show you consented to the abandonment. One example of this would be if you asked your spouse to leave and never return.
Likewise, a spouse may be able to show that the abandonment was justified due to abuse or another reason, such as the supposed abandonment was actually due to the spouse moving to take a new job while the other spouse refused to move. Under these circumstances, it is unlikely the court would attach any fault to the abandonment.
The Law Offices of Judy L. Burger can assist you in proving or defending an abandonment situation in your divorce proceedings in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a spouse facing divorce, call us today to learn more about how we can help you. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
We recently discussed California’s requirement for parents to develop a parenting plan, also known as a “custody and visitation agreement” or a “time-share plan,” which is essentially a written agreement between parents detailing how much time the children will spend with each parent and a plan for making important decisions in the future about the child’s welfare and education.Many of the factors in a parenting plan will be obvious, others less so. In this article we will draw your attention to some of the less than obvious factors to consider when developing your ideal parenting plan. Some of these items may be extremely important to your family:
Whether there will be regular visitation with grandparents or other extended family members, and if so, how often;
Sleeping arrangements for children and parents, including the children’s or parents’ overnight guests;
Instructions for administering medication;
Dietary requirements or restrictions;
Preferred methods of discipline;
Acceptable methods and frequency of parent-child communication while the children are with the other parent;
Parent-to-parent communication guidelines;
Whether the children need both parents’ consent for piercings or body art;
Responsibility for routine vaccinations, dental care, and medical care;
Acceptable use of technology, including internet, social media, and cell phones;
Curfews for each child and anticipated exceptions, if any;
Acceptable ratings and genre for movies the children may watch;
Acceptable ratings and genre for video games the children may use;
Which extra-curricular/school/sporting events the children will participate in;
Participation in church/synagogue/mosque activities.
These factors may be beyond the usual set of essentials suggested for your parenting plan, but depending on your family dynamics, could be troublesome if not decided ahead of time. The Law Offices of Judy L. Burger can assist you in fighting for your rights and those of your children in a visitation or custody dispute in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a parent with a visitation or custody issue, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
California requires parents to develop a parenting plan, also known as a “custody and visitation agreement” or a “time-share plan.” A parenting plan is essentially a written agreement between parents detailing how much time the children will spend with each parent and a plan for making important decisions in the future about the child’s welfare and education.
A comprehensive parenting plan includes many factors. Its purpose is to ensure stability in the present, as well as to eliminate uncertainty in the future. Some of the most important factors to include in your parenting plan are:
1. Who will the children live with?
2. When will the children visit with the other parent?
3. Which holidays are observed by each parent, and which holidays will the children observe with each?
4. How will parents split time with the children during mutually observed holidays?
5. How will parents split time with the children on the children’s birthdays?
6. How will parents split time with the children on the parents’ birthdays?
7. Where will the children be exchanged from one parent to the other for various periods, e.g. regular visitation periods, holidays, birthdays?
8. Who will be responsible for transporting the children between parents’ homes or an alternate exchange location, and when?
9. How will car seat requirements be met, if any?
10. How will visitation schedule changes be addressed, e.g., parents’ work schedule
conflicts, or when the children’s extra-curricular activities conflict with visitation,etc.?
11. How will the parents share school vacations, and who will be responsible for the costs of child care during school vacations, if necessary?
12. How will the parents choose and share the cost of regular child care, if needed?
13. Will the other parent will have ‘first right of refusal’ if a babysitter is needed?
14. How will the parents handle the children having contact with extended family?
15. How will the parents handle the children having contact with a parent’s friends or romantic partners?
16. What if a parent needs to relocate for work or other reasons?
These factors are generally considered essential to every parenting plan in California. There are additional factors that you may want to consider as well, and we plan to address those in an upcoming article. Check back soon to learn more about constructing the ideal parenting plan.
The Law Offices of Judy L. Burger can assist you in fighting for your rights and those of your children in a visitation or custody dispute in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a parent with a visitation or custody issue, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online.
We recently discussed California’s requirement for parents to develop a parenting plan, also known as a “custody and visitation agreement” or a “time-share plan,” which is essentially a written agreement between parents detailing how much time the children will spend with each parent and a plan for making important decisions in the future about the child’s welfare and education.
Many of the factors in a parenting plan will be obvious, others less so. In this article we will draw your attention to some of the less than obvious factors to consider when developing your ideal parenting plan. Some of these items may be extremely important to your family:
California requires parents to develop a parenting plan, also known as a “custody and visitation agreement” or a “time-share plan.” A parenting plan is essentially a written agreement between parents detailing how much time the children will spend with each parent and a plan for making important decisions in the future about the child’s welfare and education.
A comprehensive parenting plan includes many factors. Its purpose is to ensure stability in the present, as well as to eliminate uncertainty in the future. Some of the most important factors to include in your parenting plan are:
1. Who will the children live with?
2. When will the children visit with the other parent?
3. Which holidays are observed by each parent, and which holidays will the children observe with each?
4. How will parents split time with the children during mutually observed holidays?
5. How will parents split time with the children on the children’s birthdays?
6. How will parents split time with the children on the parents’ birthdays?
7. Where will the children be exchanged from one parent to the other for various periods, e.g. regular visitation periods, holidays, birthdays?
8. Who will be responsible for transporting the children between parents’ homes or an alternate exchange location, and when?
9. How will car seat requirements be met, if any?
10. How will visitation schedule changes be addressed, e.g., parents’ work schedule
conflicts, or when the children’s extra-curricular activities conflict with visitation,etc.?
11. How will the parents share school vacations, and who will be responsible for the costs of child care during school vacations, if necessary?
12. How will the parents choose and share the cost of regular child care, if needed?
13. Will the other parent will have ‘first right of refusal’ if a babysitter is needed?
14. How will the parents handle the children having contact with extended family?
15. How will the parents handle the children having contact with a parent’s friends or romantic partners?
16. What if a parent needs to relocate for work or other reasons?
These factors are generally considered essential to every parenting plan in California. There are additional factors that you may want to consider as well, and we plan to address those in an upcoming article. Check back soon to learn more about constructing the ideal parenting plan.
The Law Offices of Judy L. Burger can assist you in fighting for your rights and those of your children in a visitation or custody dispute in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a parent with a visitation or custody issue, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online.